Workplace Discrimination and Harassment: How the Complaint Process Works

Quick answer

Federal law prohibits employment discrimination and harassment based on characteristics such as race, color, religion, sex, national origin, disability, age (40 and older) and genetic information, and prohibits retaliation for complaining. Most claims require filing a charge with the EEOC, or a state or local agency, before suing, and the filing deadline is generally 180 calendar days, extended to 300 in many states. Federal employees have a different and shorter process.

• A charge of discrimination with the EEOC is generally required before a job discrimination lawsuit, except for Equal Pay Act claims.
• The EEOC states that the general deadline is 180 calendar days, extended to 300 days if a state or local agency enforces a law prohibiting discrimination on the same basis.
• Internal complaints, grievances, arbitration or mediation generally do not extend the EEOC deadline.
• Retaliation for reporting discrimination or taking part in an investigation is itself prohibited.

What this guide covers

Discrimination and harassment at work can take many forms: being passed over for a promotion, fired, paid less or denied a needed accommodation because of a protected characteristic, or being subjected to unwelcome comments or conduct that make the workplace intolerable. Employees often do not know what to do first, how formal complaints work or how much time they have.

This guide explains the general structure of the complaint process under federal law in the United States, which is administered by the U.S. Equal Employment Opportunity Commission (EEOC). It describes what kinds of conduct federal laws address, how to document and report problems, how EEOC charges work, what deadlines apply, how retaliation fits in and where state and local laws can add protection. It cannot tell you whether what happened to you is unlawful, because that depends on the facts, the size and type of employer, and the law of your state. It is general information, not legal advice, and reading it does not create an attorney-client relationship.

If you are in immediate danger or facing threats or violence, contact local emergency services first.

What federal law covers

The EEOC describes the conduct federal law addresses in its guidance for people considering a complaint. In summary, the laws it enforces cover:

• Being treated unfairly on the job because of race, color, religion, sex (including pregnancy, transgender status and sexual orientation), national origin, disability, age (age 40 or older) or genetic information.
• Being harassed at work for any of these reasons.
• Being denied a workplace change, often called a reasonable accommodation, that you need because of your religious beliefs, disability, or pregnancy, childbirth or related medical conditions.
• Being treated unfairly or harassed because you complained about job discrimination or assisted with a job discrimination investigation or lawsuit. This is retaliation, and it is prohibited.

Coverage depends on the employer's size and type. Federal anti-discrimination laws apply to employers with at least a minimum number of employees, which differs by statute, and separate procedures apply to federal government employees. Many states and cities have their own laws that cover smaller employers, additional characteristics such as marital status or certain other categories, and sometimes provide different remedies and deadlines. So, even if federal law does not reach your situation, state or local law might.

Harassment: when conduct becomes unlawful

Harassment is unwelcome conduct based on a protected characteristic. Offensive comments or isolated incidents are not automatically unlawful under federal law, although employers are encouraged to address them. In general, harassment becomes unlawful when enduring the offensive conduct becomes a condition of continued employment, or when the conduct is severe or pervasive enough that a reasonable person would find the work environment hostile or abusive. Courts look at factors such as how frequent and severe the conduct is, whether it is physically threatening or humiliating and whether it interferes with work performance. Harassment by supervisors can carry different legal consequences for employers than harassment by coworkers or third parties.

Harassment can involve jokes, slurs, offensive images, unwanted touching, sexual advances, threats, or demands for sexual favors, and it can happen in person, by message, on social media or at events connected to work. The details of the legal standard vary, which is why documentation of what occurred, when and who witnessed it is so useful.

First steps: safety, documentation and choices

Decisions about what to do are personal, and there is no single right path. Some steps are commonly helpful.

1. Write it down as it happens. Record dates, times, locations, what was said or done, who was present and how it affected you. Notes made near the time are more persuasive than recollections made months later.
2. Save documents. Keep emails, messages, performance reviews, schedules, pay records, the handbook and policies. Take care not to take confidential employer material you are not entitled to keep, and follow the law about recording conversations, which varies by state.
3. Note witnesses, including people who saw or heard events or who experienced similar treatment.
4. Learn your employer's complaint procedure in the handbook or policy, and who is designated to receive complaints.
5. Consider reporting internally, in writing, to a manager, human resources or the designated channel. In some harassment cases, the existence and use of an internal process can affect an employer's legal defenses, so it is worth understanding. A written report also creates a dated record.
6. Keep a copy of anything you submit, and note any response.
7. Keep working and performing your duties as best you can, and keep copies of positive feedback.

Our guide to how to document a claim explains how to organize and back up records, and most of it applies directly.

Internal complaints versus EEOC charges

An internal complaint and a charge with the EEOC are different.

• An internal complaint is made to your employer under its policy. It can lead to an investigation and corrective action, and it creates a record. It is not a legal filing with a government agency.
• A charge of discrimination is a formal filing with the EEOC, or with a state or local fair employment practices agency. For most federal laws, you must file a charge before you can bring a job discrimination lawsuit in court. The EEOC states that all of the laws it enforces, except for the Equal Pay Act, require you to file a charge with it before you can file a job discrimination lawsuit against your employer.

The EEOC states that time limits for filing a charge generally will not be extended while you attempt to resolve a dispute through another forum, such as an internal grievance procedure, a union grievance, arbitration or mediation before filing with the EEOC, and that other forums can be pursued at the same time. In other words, the clock keeps running while you use your employer's process.

The filing deadline

The EEOC explains that in general, you need to file a charge within 180 calendar days from the day the discrimination took place. The 180-day deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. The EEOC notes that the rules differ slightly for age discrimination charges: the deadline is extended to 300 days only if a state law prohibits age discrimination in employment and a state agency or authority enforces that law, and it is not extended if only a local law prohibits age discrimination.

Other points from the EEOC's guidance:

• Separate acts. If more than one discriminatory event took place, each may have its own deadline, so you generally must file within 180 or 300 days of each one, with special rules for ongoing harassment.
• Equal Pay Act. Different deadlines apply, and a charge is not required before a lawsuit. The EEOC explains that the deadline for filing a charge or lawsuit under the Equal Pay Act is two years from the last discriminatory paycheck, extended to three years for willful discrimination.
• Federal employees. The EEOC notes that if you believe you were discriminated against by a federal government employer, you must follow different procedures, which generally involve contacting an agency equal employment opportunity counselor within a much shorter period. Check the EEOC's federal sector pages right away.

Because the period is counted from the date of the act, not from when you decide to act, it is wise to mark the earliest date that might count and work backwards. Our explainer on statutes of limitation and claim deadlines explains how different kinds of deadlines interact.

How to file and what happens next

The EEOC provides several ways to start a charge, including online, by phone and in person, as described on its website. A charge typically asks for your contact details, the employer's details, the dates and a description of what happened, the protected basis and any witnesses. You can ask that the EEOC keep your identity confidential from the employer to the extent it can, although the employer is notified of the charge.

After you file, the process typically includes some of the following steps, which vary:

1. Notice to the employer. The employer is informed of the charge and asked to respond.
2. Mediation. The EEOC may offer voluntary mediation, which is a confidential attempt to resolve the dispute with a neutral mediator.
3. Investigation. If the matter is not resolved, the EEOC may request information, statements and documents from both sides.
4. Outcome. The charge may be dismissed, settled, or result in a finding that there is reasonable cause to believe discrimination occurred, in which case the EEOC may try to resolve the matter informally and, in some cases, file suit.
5. Notice of right to sue. If you want to pursue a lawsuit, you generally need a notice of right to sue, and after receiving it there is a limited window, often 90 days, to file in court. Deadlines are stated in the notice, so read it carefully.

State and local fair employment agencies often handle charges too, and many work with the EEOC so a charge filed with one can be treated as filed with the other. Deadlines and procedures under state law may differ, which is one reason to check your state agency's website.

Retaliation

Retaliation is one of the most frequently alleged kinds of discrimination. The EEOC describes it as being treated unfairly or harassed because you complained about job discrimination, or assisted with a job discrimination investigation or lawsuit. It can include firing, demotion, schedule changes, reduced hours, negative reviews or other actions that might discourage a reasonable person from complaining.

If you believe you are facing retaliation, document it as carefully as the original problem: what changed, when it changed and how it relates to your complaint. Retaliation can be reported through the same channels, and deadlines apply separately to it. Keep copies of performance reviews from before and after your complaint.

Reasonable accommodations

Federal law requires covered employers to provide reasonable accommodations for known limitations related to a disability, religion, or pregnancy, childbirth or related medical conditions, unless doing so would cause undue hardship. The process often involves a conversation, sometimes called an interactive process, in which you explain what you need and the employer considers options. A request does not have to use special words, but putting it in writing and keeping a copy helps. If an accommodation is denied or ignored, record the dates and responses. Deadlines for filing apply to denials of accommodation too.

Arbitration agreements, severance and settlements

Some employment agreements include arbitration clauses, which can affect whether a claim is resolved in court or before an arbitrator, although they may not prevent you from filing a charge with an agency. The law in this area has developed over time, including specific federal protections for some harassment claims, so the effect of a clause depends on its wording and on current law. Our guide on mediation, arbitration or court explains the general differences.

Severance agreements often include a release of claims. Read them carefully before signing, and do not assume the first offer is final. Releases waive rights, and certain waivers, such as those involving age claims, have special legal requirements including review periods. A licensed attorney can explain what a particular agreement gives up.

Example scenario (hypothetical)

An employee believes she was passed over for a promotion after returning from leave for a medical condition. She writes down dates of the promotion decision, conversations with her manager and comments made about her absence. She saves the job posting, her performance reviews and emails. She reports her concern in writing to human resources, keeping a copy, and receives an acknowledgment but no follow-up.

She checks the EEOC's time limits, marks the date of the promotion decision and calculates the earliest deadline. She consults the EEOC website about filing a charge and asks a legal aid organization for a consultation. She continues to do her job and keeps documenting, including a change in her assigned duties after she complained. Whether any of this constitutes unlawful discrimination or retaliation depends on facts not described here; the example shows the practical rhythm of documenting, reporting, counting deadlines and seeking advice.

Common mistakes

• Waiting too long, and missing the 180- or 300-day deadline.
• Assuming an internal complaint stops the clock.
• Not writing things down or relying on memory months later.
• Deleting messages, or taking confidential employer documents you are not entitled to keep.
• Complaining verbally only, leaving no record.
• Signing a severance release without understanding it.
• Overlooking retaliation that follows a complaint.
• Assuming only federal law matters, and missing state or local protections and deadlines.
• Posting about the situation publicly in ways that could be used against you.

A checklist

1. If you feel unsafe, prioritize your safety and contact emergency services if needed.
2. Start a dated log of incidents, witnesses and effects.
3. Save emails, messages, reviews, pay records and policies you are entitled to keep.
4. Review your employer's complaint procedure and consider reporting in writing.
5. Identify the dates of each act and calculate the earliest filing deadline.
6. Check the EEOC's time limits, and your state or local agency's rules.
7. Consider filing a charge with the EEOC or a state agency before the deadline.
8. Watch for and document retaliation.
9. Read any arbitration clause, release or settlement before signing.
10. Consult a licensed attorney or legal aid organization.

When legal help may be appropriate

Consider consulting a licensed employment attorney in your state if you have been fired, demoted or denied an accommodation, if harassment is serious or ongoing, if you are close to a deadline, if you are offered a severance or settlement agreement or if your employer is a federal, state or local government. Many employment attorneys offer initial consultations, and USA.gov lists legal aid programs for people who qualify. Our guide to finding and vetting a licensed attorney explains how to check credentials. For related topics, see our guides to unpaid wages and overtime and unemployment benefits.

Frequently asked questions

Do I have to report internally before contacting the EEOC?

Not as a legal condition for filing an EEOC charge. However, employer policies, and the way courts view internal reporting in some harassment cases, make it worth understanding your employer's procedures. Keep the EEOC deadline in mind, because internal processes generally do not pause it.

What happens after I file an EEOC charge?

The EEOC typically notifies the employer and may offer mediation or investigate. Outcomes include dismissal, settlement or a finding, and in many cases the EEOC issues a notice of right to sue that starts a limited window to file a lawsuit. Details are on the EEOC website.

Can I be punished for making a complaint?

Federal law prohibits retaliation against people who complain about discrimination, take part in an investigation or assist in a proceeding. If you think you have been retaliated against, document it carefully, and consider a new complaint or legal advice.

When to consult a licensed attorney

This article is general information. It cannot account for the facts of your situation, the wording of your policy or contract, or the law where you live. Consider speaking with an appropriately licensed attorney in your jurisdiction if any of the following applies:

• A deadline may be running, or you are unsure whether one applies.
• You have been seriously injured, or a large amount of money or property is involved.
• You have been asked to sign a release, waiver or settlement agreement.
• A claim has been denied and you do not understand why, or you believe you are being treated unfairly.

Legal aid organizations, bar association referral services and court self-help centers may offer free or low-cost help. See our guide to finding and vetting a licensed attorney.

Important legal notice

Verdicairn is an independent informational publication, not a law firm. Content is general educational information, not legal advice, and reading it does not create an attorney-client relationship. Laws vary by jurisdiction and change over time, so information may be out of date. For advice about your situation, consult an appropriately licensed attorney. Read the full disclaimer.

Sources and further reading

1. Time Limits For Filing A Charge — U.S. Equal Employment Opportunity Commission. Accessed September 29, 2026
2. Filing a Complaint (Youth) — U.S. Equal Employment Opportunity Commission. Accessed September 29, 2026
3. Filing a Charge of Discrimination — U.S. Equal Employment Opportunity Commission
4. Find a lawyer for affordable legal aid — USA.gov. Accessed September 29, 2026

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